What happens to your health insurance during a divorce? With all the other stress and worry involved in a divorce, you shouldn’t have to worry about health insurance as well. Here’s what you should know about divorce and health insurance coverage.
Divorce and Health Insurance
During the divorce process, the party paying for health insurance for the other spouse cannot remove that spouse from the health insurance policy. Automatic Temporary Restraining Orders go into effect when you file for divorce.
This means that neither party may dispose of or sell any property from the marriage, and both parties are responsible for keeping marital property in good repair and staying current on all bills. These orders also cover health insurance, meaning a party may not be removed from the health insurance policy without a court order.
Understanding These Orders
Court orders will depend on several factors. Some of these include the length of the marriage and the marital standard of living. For example, if your spouse has kept you on their health insurance for several years, the court is likely to order that you must remain on your spouse’s insurance after the divorce is over.
However, this is not always the most effective way of handling health insurance. Since you will no longer be legally married to your former spouse, it may be difficult or impossible for you to remain on your ex-spouse’s policy. It is much better to obtain orders that your former spouse will have to pay for comparable health insurance for you after the divorce. This ensures that you are not at the mercy of the health insurance company when the marriage is over.
[Related: Splitting Retirement Plans]
Divorce Attorneys and Health Insurance
If you are going through a divorce, you should hire an experienced divorce attorney to help with your case. Health insurance is important, especially if you cannot afford it on your own. Having an attorney will be an invaluable asset during your divorce.
The Bottom Line on Divorce and Health Insurance
If you are involved in a divorce and concerned about the health insurance situation, please contact Argent Bridge Advisors to learn more about your options.
